AN ACT to fund the recording and storage of video from department of transportation highway cameras.

Whereas, the General Assembly is committed to ensuring the roads are safe for use by North Carolina citizens and visitors; and

Whereas, the recording and storage of video from Department of Transportation highway cameras can assist in the investigation of crimes such as theft and assaults on motorists and officers; and

Whereas, the recording and storage of video can deter unsafe driving, street racing, and other reckless driving; and

Whereas, the recording and storage of video can assist in locating missing persons and children; and

Whereas, the recording and storage of video can provide added safety to the motoring public in helping with motor vehicle collisions; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  Of the funds appropriated from the General Fund for the 2021‑2022 fiscal year, the sum of ten million dollars ($10,000,000) in recurring funds is allocated to the Department of Transportation to be used by the Department to record and store video from the Department's highway cameras.

SECTION 2.  G.S. 132‑1.1 is amended by adding a new subsection to read:

(i)       Highway camera video records stored by the Department of Transportation may not be disclosed except as provided in G.S. 132‑1.7B.

SECTION 3.  Chapter 132 of the General Statutes is amended by adding a new section to read:

§ 132‑1.7B.  Highway camera video records.

(a)        Definitions. – The following definitions apply in this section:

(1)        Disclose or disclosure. – To make a recording available for viewing or listening to by the person requesting disclosure, at a time and location chosen by the custodial law enforcement agency. This term does not include the release of a recording.

(2)        Highway camera. – A Department of Transportation video or digital camera, located on highway right‑of‑way, for the purpose of monitoring vehicle traffic.

(3)        Personal representative. – A parent, court‑appointed guardian, spouse, or attorney of a person whose image or voice is in the recording. If a person whose image or voice is in the recording is deceased, the term also means the personal representative of the estate of the deceased person; the deceased person's surviving spouse, parent, or adult child; the deceased person's attorney; or the parent or guardian of a surviving minor child of the deceased.

(4)        Recording. – A visual, or visual and audio, recording captured by a highway camera.

(5)        Release. – To provide a copy of a recording.

(b)        Public Record Classification. – Recordings under this section are not public records as defined by G.S. 132‑1.

(c)        Disclosure; General. – Recordings shall be disclosed only as provided by this section. A person requesting disclosure of a recording must make a written request to the Department of Transportation. The request shall include the name of the person making the request, date and approximate time of the activity captured in the recording, or otherwise identify the activity with reasonable particularity sufficient to identify the recording to which the request refers. The Department may only disclose a recording to the following:

(1)        A person whose image or voice is in the recording.

(2)        A personal representative of an adult person whose image or voice is in the recording, if the adult person has consented to the disclosure.

(3)        A personal representative of a minor or of an adult person under lawful guardianship whose image or voice is in the recording.

(4)        A personal representative of a deceased person whose image or voice is in the recording.

(5)        A personal representative of an adult person who is incapacitated and unable to provide consent to disclosure.

When disclosing the recording, the Department shall disclose only those portions of the recording that are relevant to the person's request. A person who receives disclosure pursuant to this subsection shall not record or copy the recording.

(d)       Disclosure; Factors for Consideration. – Upon receipt of the written request for disclosure, as promptly as possible, the Department must either disclose the portion of the recording relevant to the person's request or notify the requestor of the decision not to disclose the recording to the requestor. The Department may consider any of the following factors in determining if a recording is disclosed:

(1)        If the person requesting disclosure of the recording is a person authorized to receive disclosure pursuant to subsection (c) of this section.

(2)        If the recording contains information that is otherwise confidential or exempt from disclosure or release under State or federal law.

(3)        If disclosure would reveal information regarding a person that is of a highly sensitive personal nature.

(4)        If disclosure may harm the reputation or jeopardize the safety of a person.

(5)        If disclosure would create a serious threat to the fair, impartial, and orderly administration of justice.

(6)        If confidentiality is necessary to protect either an active or inactive internal or criminal investigation or potential internal or criminal investigation.

(e)        Appeal of Disclosure Denial. – If a law enforcement agency denies disclosure pursuant to subsection (d) of this section, or has failed to provide disclosure more than three business days after the request for disclosure, the person seeking disclosure may apply to the superior court in any county where any portion of the recording was made for a review of the denial of disclosure. The court may conduct an in‑camera review of the recording. The court may order the disclosure of the recording only if the court finds that the Department abused its discretion in denying the request for disclosure. The court may only order disclosure of those portions of the recording that are relevant to the person's request. A person who receives disclosure pursuant to this subsection shall not record or copy the recording. An order issued pursuant to this subsection may not order the release of the recording.

In any proceeding pursuant to this subsection, the following persons shall be notified and those persons, or their designated representative, shall be given an opportunity to be heard at any proceeding: (i) the head of the Department, (ii) any law enforcement agency personnel whose image or voice is in the recording and the head of that person's employing law enforcement agency, and (iii) the district attorney. Actions brought pursuant to this subsection shall be set down for hearing as soon as practicable, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts.

(f)        Release of Recordings; General; Court Order Required. – Recordings shall only be released pursuant to court order. Any person requesting release of a recording may file an action in the superior court in any county where any portion of the recording was made for an order releasing the recording. The request for release must state the date and approximate time of the activity captured in the recording or otherwise identify the activity with reasonable particularity sufficient to identify the recording to which the action refers. The court may conduct an in‑camera review of the recording. In determining whether to order the release of all or a portion of the recording, in addition to any other standards the court deems relevant, the court shall consider the applicability of all of the following standards:

(1)        Release is necessary to advance a compelling public interest.

(2)        The recording contains information that is otherwise confidential or exempt from disclosure or release under State or federal law.

(3)        The person requesting release is seeking to obtain evidence to determine legal issues in a current or potential court proceeding.

(4)        Release would reveal information regarding a person that is of a highly sensitive personal nature.

(5)        Release may harm the reputation or jeopardize the safety of a person.

(6)        Release would create a serious threat to the fair, impartial, and orderly administration of justice.

(7)        Confidentiality is necessary to protect either an active or inactive internal or criminal investigation or potential internal or criminal investigation.

(8)        There is good cause shown to release all portions of a recording.

The court shall release only those portions of the recording that are relevant to the person's request and may place any conditions or restrictions on the release of the recording that the court, in its discretion, deems appropriate.

In any proceeding pursuant to this subsection, the following persons shall be notified and those persons, or their designated representative, shall be given an opportunity to be heard at any proceeding: (i) the head of the Department, (ii) any law enforcement agency personnel whose image or voice is in the recording and the head of that person's employing law enforcement agency, and (iii) the district attorney. Actions brought pursuant to this subsection shall be set down for hearing as soon as practicable, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts.

(g)        Release of Recordings; Law Enforcement Purposes. – Notwithstanding the requirements of subsections (c), (f), and (g) of this section, the Department shall disclose or release a recording to a district attorney (i) for review of potential criminal charges, (ii) in order to comply with discovery requirements in a criminal prosecution, (iii) for use in criminal proceedings in district court, or (iv) for any other law enforcement purpose and may disclose or release a recording for suspect identification or apprehension or to locate a missing or abducted person.

(h)        Retention of Recordings. – The Department shall not be required to retain any recording subject to the provisions of this section for more than 30 days, unless a court of competent jurisdiction orders otherwise.

(i)         No civil liability shall arise from compliance with the provisions of this section, provided that the acts or omissions are made in good faith and do not constitute gross negligence, willful or wanton misconduct, or intentional wrongdoing.

(j)         Fee for Copies. – The Department may charge a fee to offset the cost incurred by it to make a copy of a recording for release. The fee shall not exceed the actual cost of making the copy.

(k)        Attorneys' Fees. – The court may not award attorneys' fees to any party in any action brought pursuant to this section.

(l)         Use of Recordings. – Recordings subject to this section may not be used for fines or private investigation.

(m)       Elected Official. – No elected official may review recordings subject to this section, unless they meet the criteria in subsection (c) of this section. This subsection does not apply to a county sheriff or district attorney if review of the recordings is within the scope of a criminal investigation.

SECTION 4.  This act becomes effective July 1, 2021.